HomeMy WebLinkAbout08/03/1993, 4 - SLOCOG JOINT POWERS AGREEMENT, FISCAL YEAR 1993/94 City Of San IDIS OBISPO MEETING DATE:
August 3 1993
NO; COUNCIL AGENDA REPORT min NUMBER:
FROM: Michael McCluskey, Public Works Director,,
SUBJECT: SLOCOG Joint Powers Agreement, Fiscal Year 1993/94
CAO RECOMMENDATION: By motion, approve and authorize the Mayor to sign the Joint Powers
Agreement of the San Luis Obispo Council of Governments, Fiscal Year 1993/94
DISCUSSION:
San Luis Obispo Council of Governments during the fiscal year 1992/93 became an independent agency
and no longer works within the auspices or direction of San Luis Obispo County. In order to recognize
that change in administration and to fulfill goals set by the SLOCOG Board of Directors, a number of
changes are proposed to the SLOCOG Joint Powers Agreement. The Joint Powers Agreement requires
a unanimous vote of approval by all agencies within SLOCOG, prior to any proposed change to the Joint
Powers Agreement becoming effective. As of the date of preparation of this agenda item, Grover Beach
and Arroyo Grande have approved the changes to the Joint Powers Agreement.. The remaining five cities
and the County have yet to take action upon the proposed changes.
The proposed changes are discussed as follows.
1. Section 1 - Purpose. The SLOCOG Board of Directors wish to have the Joint Powers Agreement
modified to include the mission statement of SLOCOG. Thus an entire new section defined as
Purpose was created to fulfill an answer to that request. Basically, the proposed purpose of SLOCOG
is to exist as a regional agency providing a forum for planning, discussion, cooperation amongst the
various agencies while maximizing State and Federal funding for various programs.
This section proposes to achieve that purpose via the various sub-agencies of which the COG is
known: the Metropolitan Planning Organization(MPO), the Regional Transportation Planning Agency
(RTPA), and the Congestion Management Agency (CMA). These sub-agencies allocate the applicable
Federal, State, and local funds, conduct a continuous and cooperative planning program among the
various agencies to meet Federal and State requirements, facilitate an efficient and effective multi
modal transportation system, develop an integrated waste management plan, serve as the regional
census data affiliate, and discuss and study atea wide problems of mutual interest. As the purpose
and methods for implementation are and have been recognized since the inception of COG, no change
is recommended by staff for any of the proposed statements in the JPA for the section entitled,
"Purpose."
2. Section 3 - Powers. Under this section, the Joint Powers Agreement is proposed to be modified to
allow COG new additional powers. Those powers being: to acquire, hold and convey real and
personal property; incur debts, obligations, and liabilities; sue and be sued. In the opinion of staff,
this greatly expands the power of SLOCOG. The agency could begin an aggressive property
acquisition program, or could decide to sue one of its own member agencies.
While the SLOCOG Board of Directors could, should, and probably would control any right-of-way
property acquisition and thus the incurrence of debts and obligations, staff feels such a concern should
be noted by Council on ratification.
���H�►bN►�III{II��1 I�III city of San L"IS osIspo
COUNCIL AGENDA REPORT
COG JPA
Page Two.
The remaining issue of COG being able to sue or be sued requires additional consideration. The
ability of SLOCOG to sue a member agency could create a very large schism within the organization
and would not be in the best interests of the purpose and the goals of the organization. While staff
is recommending ratification of the Joint Powers Agreement, staff would likewise recommend that the
agreement be further modified in the following year to include the inability of SLOCOG to sue one
of its member agencies.
3. Section 4 - Membership. A minor change is proposed in Section 4 allowing cities to elect an alternate
member from the City Council, but that the alternate member should only be able to vote in the
absence of the official representative.
4. Section 5 - Operation. Changes proposed in this section deal with salaries and services which
SLOCOG will incur as a direct result of becoming an independent body. The section changes allow
for SLOCOG Board of Directors approval of the budget and any budget changes thereto.
An additional change involves the requirement for a Quorum. At its June meeting, the SLOCOG
Board of Directors voted to change the bylaws' definition of a quorum. One County Supervisor will
be sufficient, rather than two Supervisors, once the proposed changes are ratified. This resulted from
numerous SLOCOG meetings starting late as a direct result of non-attendance by a second Supervisor.
With only one of five Supervisors in attendance, great effort had to be made to locate a second and
thus allow the meeting to begin. The proposed change will eliminate this problem. This was
accidentally not highlighted as a change by COG staff.
5. Section 7 - Personnel and Services. Extensive changes were made to Section 7. The existing JPA
Section 7 is titled simply,"Personnel". These numerous changes are proposed as a direct result of
SLOCOG becoming an independent body. They define the relationship of the Executive Director, the
submittal of financial reports, the basis for removing and suspending employees, and the basis for the
Executive Director to maintain custody and control of all property of SLOCOG other than monies and
securities. Additionally definitions are provided for legal counsel, treasurer, controller, and bonding
requirements.
As this is the first year of its independency, SLOCOG asked the County Auditor/Controller for a
detailed estimate of the charges anticipated for legal services, treasurer, and controller services to be
provided by San Luis Obispo County personnel. After those fund amounts were established by the
Auditor/Controller, specific line items for payment for those services were included in the SLOCOG
budget. As with all other budgetary review processes, it is the responsibility of the Executive Director
to keep expenses within budget. Further, it is the responsibility of SLOCOG Board of Directors to
review the performance of the Executive Director to maintain that performance and keep the overall
SLOCOG budget within its projected amounts.
6. Section 8 - Meetings. Subsection 7 of this section was changed to require that agenda material be
submitted to the Executive Director 14 days prior to a meeting and that the Executive Director be
directed to distribute that same agenda to member agencies 12 calendar days prior to the meeting.
'1111III11101111 city of San tins OBIspo
am COUNCIL AGENDA REPORT
COG JPA
Page Three.
7. Section 9 - Committees. Subsection 3 was amended to redefine the composition of the legal
committee. The legal committee shall now be composed of SLOCOG's legal counsel and the
attorney's of the member agencies. Two new committees were established as the Solid Waste Task
Force and the Solid Waste Technical Advisory Committee and incorporated into the Joint Powers
Agreement. However, this committee will exist only until such time the duties are transferred to the
Solid Waste Authority. It is presumed that the JPA would be amended next year to delete these
committees.
A new committee was also established to be known as the Executive Committee. It will be comprised
of the president, the vice-president, the past president, and one representative from the County of San
Luis Obispo. The purpose of the committee is to advise SLOCOG on the budget, the work program,
controversial policy issues, and the criteria for funding allocation. Staff feels that with one mandated
representative from the County there should likewise be one mandated representative from one of the
member cities. Further, the duties of the committee appear no different than those of the Board of
Directors and therefore staff questions the usefulness of such a committee.
8. Section 10 - Finance. This section is changed to show the fact that the County Auditor/Controller
shall be the auditor of SLOCOG in accordance with other sections of the agreement.
9. Section 11 - Citizen Involvement. This new section has been created to reflect the fact that SLOCOG
shall carry out a citizen involvement process by creating a citizens transportation advisory committee.
OTHER ISSUES:
1. SLORTA Merger with SLOCOG - SLOCOG is currently proposing a merger with SLORTA in order
for SLORTA employees to receive PERS benefits. Although at first glance the issue seems relatively
simple and easy to approve, the true resulting issues are complex and not easily resolvable. Since this
issue is not a part of the current JPA revisions, staff will await any SLOCOG actions, leading to
another JPA revision, for detailed review.
2. Santa Maria to San Luis Obispo Bus Route - This is not a SLOCOG JPA issue but gets frequent
mention with SLOCOG issues. Basically the SLORTA Board of Directors, at its June meeting, agreed
that any permanent new bus route outside of the county would require a unanimous vote of support
of all member agencies. The current proposal is for a one-year trial period, said trial period to begin
upon receipt of $25,000 from both the City of Santa Maria and the Santa Barbara COG. The
SLORTA Board voted to allow the trial run without requiring a unanimous vote of member agencies.
After the one-year trial period, a unanimous vote would be required to make the route permanent.
Attachment: SLOCOG Joint Powers Agreement
jPWOO/mm 1 ��3
San Luis Obispo Council of Lovernments
Arrcyo Grande
^ .A(ascadero
/ \
Regional Transportation Plarulin0 Agency Cm\•er Beech
Morro Bay
Metropolitan Planning ,Paso Roblesing Organization ,:ismoBeach
Congestion Management Agency Sin L iS an Lr:o `
oo
n ty
FY 93-94
JOINT PONNTRS AGREEINIENT
OF THE
SAN LUIS OBISPO COUNCIL OF GOVERNMENTS
WITNESSETH:
THIS JOLT POWERS AGREENfENT is made and entered into this 17th day of
January, 1976, and amended on November 4, 1982, September 19, 1984, July 19, 1990, June
10, 1992, and June 2, •1993 by and among such of the incorporated cities of Arroyo Grande,
Atascadero, El Paso de Robles, Grover Beach, Morro Bay, Pismo Beach, and San Luis Obispo,
all being municipal corporations of the Stateof California and located within the boundaries of
the County of San Luis Obispo, California, as may execute'this Agreement, hereinafter called
CITIES," and the County l f San Luis
Obispo,
,COUNTY,",abodylitic follows:corporate and a subdivision
of the State of California, fcalled
WHEREAS, Section 6500, et s ., of the California Government Code (Title 1,
Division 7, Chapter 5, Article 1) provides for agreements between two or more public agencies
to jointly exercise any power common to the contracting parties, subject to certain mandatory
provisions contained therein; and
WHEREAS, the City of San Luis Obispo by virtue
Sof its
sscharter,
th d h the other
incorporated cities in the County, parties hereto, byvirtue
inclusive, of the California Government Code have the joint and mutual power to create an area
planning council; and
1;'HEREAS, COUNTY Al\'D CITIES did, in 1968, jointly execute an agreement
council and now wish, to amend and supersede the same
establishing such a planning ; and
WHEREAS, Secdon 29532, California Government Code, provides that such.a Planning
and Coordinating Council shall be designated the Regional Transportation Planning Agency to
act in matters of transit and transportation planning; and
WHEREAS, it is desirable that a single agency be created by and with the consent of
CITIES and COUNTY to advise, plan for, and suggest solutions to common problems; assist
in the preparation of plans and programs by utilizing planning talentsand general plans of the
various governmental jurisdictions in the County and of experts in various other fields and to
coordinate their efforts; and
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1007 T Monterey St., San Luis Obispo, CA 93408; tel. (S05) 781-4219; fax. (805) 751-5703
an acency and
in pla ns
programs
WHEREAS, creation of such of federal andnstatetlegislation ain order to participate
is necessary to comply with requirementsby
in the allocation and diisbeu111 elle on of plans and programs which he e beenf state and jilederal, fus which may besapproved bylth r
and CITIES in the t p
respective governing bodies.
NOW, THEREFORE, it is agreed as follows:
I. PURPOSE
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F.::.
The member cities and'count�- hare, jOm2d together to esfabit�h the;:5an LuL L a
,
burical of Go�entments forrytbe follu�iin� purposes'
;; °<h< r�.sa'Reg'Qn agency, add.ess issues o ;nu[lal°rencerrl:ao d1e a'ramhnt,^mantl es
o- and sa�tsfv fzdetal and s �epla�rt. � and Q� .... ,.:... .
.x,x.
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•, �rovlce a for'�m fer planning, Us
ado and s~udy o� 2rea�ta a*issues, p :
'' ,,, , ,ovra�rs .serve as the tegional.,age�tcy f'or rederal.and sate oronrams
adepCgionzl p?ans d ?
nu„Mies zna;addre�s e,3�er areatiy,de issues nase�l nu Lhe desires of Atte n;?c1�E
and"#ustcta a k .. .......: w.......
pts::....... .. ...
Jul.i3I
..xr....x
' "Y 2e ie it njet-; er�unsdic ions as Mani er, pragsarr.... . grid bmher in ae�e�op,r� sz
efficient and ofect;ve multi mod?i<trnsportatrens}stEzt� ihatp ��fob me mobtlttyree�s a€
> r
' Y a � end`se�tces,u=bile protecting il�e e„vtronsn�ntf
peop,z, poor ,x . :
?; 'fl riaxtn>>ze�tate�nd federal iundtrig
and facilitate the develop1et, co�rd,rat�en,
' and ,PQ'onal tranSpori�tion .programs to mpro�e rnobtlit and a*i
ilii` lek-nentation of>lo 5 x.x ..
'alTliqg?}i...;;.
<;<.:.>,x"'::;<;:«::::;:<:..>:
< ::: "”" yes::are to be acitteF�d through tl F w,
< ;A�lu+lnisier the.�ot,h`t;aoavers agency:{�PA)as�e'CA3rtcal O�Go'veiittne.^,is {CflG) `��;
' <"m axOr�at�' iiort {;�4I'Oj Regipnai Ttarsportatiort' Planrtng Arc}
iL4etrQOgOl,ltan �'Iarutiri� '
esaon ti ta-C t. A`;ency<�C�4�), for San Lifts O 1sp <.ty
R'Il'.�j'xard tlie.Cong �..: w.
o Coun
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;state siatutes, po p p s
Con�uci a�,coht�,nuok��. c�p'e1a#i1 e, and tbirtprehensu a rnuls mod2i trays ortation ann�nQ ar' .;
pro��ct;prosranztrun process„Etaths#les federal and.:state requreirie*tts�
3 { Com duct` a tronunueusCoopeand ro aprebensrtenu,+s moral trzn pO
planriina and
enis=
project p,e�µ ramrrun�,proces5 �at �'i;?s;eS ferleraa andNstate equ�rem
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SLOCOG JOINT POWERS AGREEMENT cA%%,j)51\resos\1993 94.jra
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4: Faci3tt�te and
monitor the as<essmen#, coord�hat on, fLndtnp, uttauco t d
iin rosiemert of:an ef`ecave-and .efficient ;,lultt modal transportation syste�lthat s�t��fies e
ezisttn' and proJec`ed n,obiltt}�needs of t;z reotoa
.,.,
S; Develop tl�e Cflurzvnte�rated �Vaae ?�fa�agoment Plan art cgogeratlon wit t tllo Count��
Git;es, a�td otl'ei affected entlt�es, u�t�l s ch tine tha dunes are tran�fer,-ed fo a �ol�4.d �Vzz
autl3oz!�y„
5* Sene as>the ...... l Ce*tsus Dnta arttl��te 'o analvze;and d�ssentn�ate roc o-econor c
.
andz�eii3bgragttic da#a for.t3itearatton tn�o Iocal �rid',reaiona?�s�udtss,a�-td plz.*�s.s
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7 `D">sc�ss atld sttdy area' vtde Droblen�s Of '1111tUal ..
coxvlty and #actl:tate tl'e de�elopn ert of xltc es and acttor► recontr,;erdattons for t''e �oluttdsi
a .r .. T
4
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II. ESTABLISHMENT OF THE SAN LUIS OBISPO
COUNCIL OF GOVERININIENTS (SLOCOG)
Upon the effective date of this agreement the parties hereto reaffirm the establishment
of the San Luis Obispo Council of Governments hereinafter, SLOCOG, a separate and distinct
public entity, as the agent to exercise the common powers provided for in this Agreement, and
to administer or otherwise execute this Agreement.
When originally established, SLOCOG was known as the San Luis Obispo County and
Cities Area Planning and CoordinatingCouncil, subsequently renamed SLOCOG, and renamed
as the San Luis Obispo Area Coordinating Council. SLOCOG, as successor entity to the
original COG established in 1965, insofar as its predecessor entity has been designated, and
insofar as legally authorized shall function as:
1. The Area Wide Planning Organization (APO), as designated by the U. S.
Department of Housing and County Development (HUD);
.2. A Council of Governments (COG), as designated by the Governor of the State of
California;
3. A Regional Transportation Planning Agency (RTPA) as designated by the
Secretary of Business and Transportation Agency of the State of California;
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44
SLOCOG JOINT POWERS AGREEMENTc:1wp51\resos\1993-94.j pa
4, The Metropolitan PIanning Organization (NIPO) as designated by the U. S.
Department of Transportation; and
5. The Congestion Management Agency (CMA) as designated by the County of San
Luis Obispo and the cities of Arroyo Grande, Atascadero, El Paso de Robles, Grover Beach,
Morro Bay, Pismo Beach and San Luis Obispo.
III. POWERS
The San Luis Obispo Council of Governments hereinafter called "SLOCOG," is hereby
created as a voluntary agency pursuant to applicable provisions of the California Government
Code with the power to carry out the purposes her stated and to implement the approved
annual work program, including: the power to contract for goods and services; to provide,foor
nt of necessary personnel, experts and consultants: to accept gifts,^loans, ,` c c
employment rY T!� {%
+t:A\ }.Y^ v Y l �. -•.. Y.rn.... .. y. r .�m..�— .............. ..
ac. uire ;liotdand can1e rQal and ergo. al o e.r•. , incur dents, ob.tQatton5 and iabi t
and.. eaaed,, and to administer the affairs of SLOCOG hereby created in accordance with this
,agreement.
Pursuant to Section 6508.1, California Government Code, it is hereby declared by
COUNTY and CITIES that the debts, liabilities and obligations of the SLOCOG shall not be the
debts, liabilities and obligations of any of the parties to this Agreement, except as otherwise
provided herein.
IV. MEMBERSHIP
1. Membership in SLOCOG shall be voluntary, but only the County of San Luis
Obispo and all cities incorporated in the County of San Luis Obispo presently or in the future,
are declared eligible for membership in SLOCOG.
2. Representatives of the COUNTY and CITIES shall be appointed to serve on the
ocedures established by each of the governing bodies of the
SLOCOG in accordance with pr
member agencies. Representatives to SLOCOG shall consist of the five members of the Board
of Supervisors of the County of San Luis Obispo from time to time in office and of one member
from the governing body of each incorporated city within the boundaries of the County of San
Luis Obispo which is a party to this Agreement, with each incorporated area being limited to
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SLOCOG JOINT POWERS AGREEMENT c:1wp511resos11993-94.jpa
one representative. Representatives shall serve so Iona as they hold office with their member
agency or until they shall resign or be removed by a majority vote of their respective governing
bodies. Vacancies among representatives shall be filled in the same manner as the first
appointment.
The Director of the California Department of Transportation, District 5, or his appointee,
may sit as an ex officio member of the Board while sitting as the Congestion Management
Agency. He or she shall receive all meeting notices, shall have the right to participate in Board
discussions, and have the right to request matters on the agenda, but shall not be counted
towards a quorum of the Board and shall have no vote.
3. Membercity agencies may elect to have an alternate member(s) ;frraecty
Council in addition to any official member, but said alternate shall be able to vote only in the
absence of the official representative.
4. Designation of the official representative or alternate(s), or changes thereto, shall
be transmitted in writing to the Executive Director of SLOCOG by the appointing city.
5. In addition to. the incorporated cities presently a party to this .Agreement, any
other city which may hereafter be incorporated within the boundaries of the County of San Luis
Obispo and which may desire to participate in the activities of the SLOCOG may do so by
executing this Agreement without prior approval or ratification of the named parties to this
Governed by all the terms and provisions of this Agreement
Agreement and shall thereafter be
as of the date of execution.
6. Membership shall be contingent upon the execution of this Joint Powers
Agreement and subsequent annual ratification.
V. OPERATION
1. The powers of SLOCOG are advisory to the member agencies which execute this
Agreement except for those actions mandated by state or federal law for the processing of .
applications submitted by any of the member agencies for federal and state grants or funds which
require action by the SLOCOG. Nothing herein shall be construed to limit in any manner the
power of any of the parties to initiate and complete a local project within their respective
jurisdictions with their own funds. It is understood, however, that the recommendations of
SLOCOG may have the effect of precluding any favorable action by an agency of the state or
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SLOCOG JOINT POWERS AGREEMENT
c:\wp51\resos\1993-94.j pa
federal government in support of such a project if other than local financing is sought, as
determined by the respective state or federal agency under law, regulations and policies
applicable to them.
2. Except as otherwise provided herein, there shall be no costs incurred by SLOCOG
pursuant hereto, other than expenses of its members, which are to be borne by their respective
entities, and the cost of services by the officers and personnel of the respective entities to said
services by the governing bodies hereof, shall likewise be
SLOCOG, upon approval of such
borne by the respective entities.
All costs incurred by SLOCOG performing functions as the J`JPO, RTPA and CMA for
San Luis Obispo County as designated by the State shall be paid out of the transportation fund
established pursuant to Section 29530, et se ., Government Code as provided for therein, and
State and Federal planning funds.
3. Costs of SLOCOG for each fiscal year which are necessary for the ordinary
a but not limited to salzre` , office space, furniture, a ds:ec
operation of SLOCOG, including
of ttie anni al �l oil. roaram of MGG'0G and
and supplies shal;l;e sefflr'1 n ,3ie oudaecas pzrt P
pp::.... , ..:
sfiall be funded from.d Sianatea fonts as approved bei SLOCOG and a I' bie c, '�end er .
..>..r... . .r...., .r.. r
a'aercies�: ' xtraordinary costs as recommended by SLO�COG shall be borne by contributions
from the member entities as approved by their governing bodies.
Costs of zll of erg ea"iraordinary;acttti°gyres�under.. ..en by $)✓dCOG as: the Area,�.de
P12nntiig flrgantiatton 'sft2li<be Set forth in the budget as: pare of,the annual u oil.p.o�rays.m aid
s)iall be funded Ecom ronti�ttations fro n rrtember entttes as aproti ed by ii3etr gotiern�n� ooarts;
.n rTt rv........ .x.,..W.
v,W.urli.:s:..,.A.rNw..A�`.n.ml n..,rw....Y :: ...r:...
4. , The annual work program and budget, when adopted, shall be the basis for
operation of SLOCOG for the fiscal }=ear. Any deviation from the work program affecting the
budget shall be approved by SLOCbG Airy extr4erdinar...... yuh�ch hia�e nbt en„ u
K ,w «. .:...,
$ part afst(aeaIPO«,� TP •, d: "'�A budget, salt be returned to the member agencies for
approval.
5. For purposes of conducting business, there shall be present a quorum consisting
of a majority of representatives, including one (1) COUNTY representative. No action shall be
effective without the affirmative votes of a majority of those present. However, eight (8)
affirmative votes shall be required for taking any action in the event any agency demands such
a vote. The representatives to SLOCOG shall adopt such procedures as are consistent with this .
Agreement and necessary to conduct the business of SLOCOG in an orderly manner.
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SLOCOG JOINT POWERS AGREEMENT c:1\vp511resos11993-94Jpa
V1. OFFICERS
1. The officers of SLOCOG shall consist of a President and Vice-President elected
ority vote of member agency representatives to SLOCOG.
for a term of one year by a maj
2. Both the President and Vice-President of SLOCOG shall be elected at the June
meeting.
3. The officers shall serve until their successors are elected.
4. The duties of the officers shall be as follows:
a. President:
1) Shall preside over all meetings of SLOCOG as Chairperson.
2) Shall appoint all standing committees.
3) . Shall exercise general supervision over all activities of said
SLOCOG.
4) Shall be an ex-officio member of all committees.
5) Shall execute all contracts and legal documents on behalf of
SLOCOG. .
b. Vice-President:
1) Shall . serve as Chairman pro-tempor in the absence of the
President.
2) Shall sive whatever aid is necessary to the President in
administering SLOCOG.
3) Shall be an ex-officio member of all committees.
5. �In the event of a vacancy occurring in the office of either the President or
Vice-President upon said officer's death, resignation, removal or his ceasing to be an official
representative of a member city of the County of San Luis Obispo, such vacancy will be filled
by majority vote of the SLOCOG, the officer elected to serve for the balance of the unexpired
term.
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SLOCOG JOINT POWERS AGREEMENT
c:ln•p511resos\1993-9 4.j pa
VII. PERSOIN-NEL
1. Executive Director. Tne E�ecutti'e Dtrectoz sh�ll,;be �elec.ed by
�t tii ..... eaof artd ....t>,e trnts pa-esci:bed:b the SLOCOG ward Tnec
,�ers 2na rr
:....,... eet%:ci i:rector::a;e t.0
duties
06 .0
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o,;:,. �,.. ,. ic
..:�... t1 il3t11:r':,:Ors..:.�...:;:..<.::::..::::.,....:..::::.::.::::;:.:;:::.::::...:;.:..:f:::Y::
Sere a$ 'i..... cb,e 2dn,, 15
tes�onsib'z to SLOCOG `or tl:e adt;�tn,stratton of all SLQCOG affa ��+
............a......:,..,.
d,�t- re aration of the annual work program and
4'ctJ >. -preparation
..
budget to SLOCOG ard .pe recponstbl'e for Is >Inp e�tent�tten-a,
x`�o fforib"�'SI4CO,G
. ...
;:.._..:....
;�tte�d r�eet� s of LaSL
0aG O..... . ..
Boaida
d. Disburse all funds in accordance with the policies of the County-Treasurer
and the County Auditor/Controller and the budget and work program
adopted by SLOCOG.
>.
e:.'zr" a
e., Prepare and Subrlul to S) OCG:penodt financial reports a.ld pr p >
n .
....:..]...,:....
written year end report reflecting activities of the preceding fig year,
said year end report to be distributed to each of the participating member
bodies.
:...±. .J......i::.wn. :
f Appotrtt, super Ise, suspend, d,sclpltne, ox ren3o��e SLaCOG employ
stb3fcto the�Mpolscies end procedures adop*ed by SI aOG ;
if ::
g. Maintain a record of all f 2Ca1` ran.....ccwons=correspondence and reports
of SLOCOG.
li3 Con.Lract;and:assuze colnplevon of an annuzf ryauC1 Q
dit of S
»;;:>:,....v::: ::f>]..;.,. xrx :.....]. ::; ;.. : _: `.e�4rrti' rQ out'The.
is Perfvrn+^such other duces as SLOCOG,play requl>e tri :
•..:h. ^.v..�::.. R f l f Lo4CQG.Board>:t ....
�; '
POadCiC'S and
j. T2i aid custody and control, of all property of SLOCOG, ot>`er€>"ihari
_:..
iomes and secuntles
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��I I
SLOCOG JOINT POWERS AGREEMENT c:\%vp51\resos\I993-94.jpa
:.::........ .......::.:.,.,.:.:,..:........
3 : LegalCouusel' S L�us Obispo County Counsel's Office cba)i serve as jeg
cbun�ei a� the pleasure of SLOCOG Beardd 5halie re�ntbursed for sensceserded
w.., {
3" w' ` easur}srTti 'easuiei.;of f�e�ount7 of San uts flbrso.snail be thereasLrer
ofi;ttieSLOCt);G'i=
`fezas'i3'r�r<sha�I
.. ... ...::..:..
,...._......:..,,..v..........:,............,...:::}>:: .
a deceive and retretpt ad nio�e}}of SLOCOG mrd place if in t�ie;tr'ea_, f S
}.
1:i�is Obispo CountyFto tide credit of SLOCOG�
b) Be resporsable foL tJie safe�eep�nAynd dasbilrse rent or a]1 SLOCflG n onev 3e,d
by:hEtjer# _....
................ :.:.....................:.........w......
t.)yn Pay,any sum$due frons Si.QC{3G f�o� S1iOCOG S #'ands ne;:d oy �um'her ar
zns��..a�rtion tk�ereof,upon ���zarits of the:SLt�COG.ront;oiiet�esignatEd �eren.a
ajv �r�".;ve�fu aiid report �n �tirl�l'7°� aC: sCY17i as possab�e zft�r the'�ist dati a Jul
October, January; and r�+ ral of each dear to SLOCOG;the ampunts of n�on�es
� Y }
tielshe leo?ds fQr SI.00OG, the zn3ount`of:receipts since hrslher lasr report 'end
2ny interest accrued to dose`tvnds
E :>:. `invest:funds
_:..:::..,.,�.::....}:o..w:.;.:ar.•a...,..,...,...}.w.z:},v,..p:o:;.M:n...,.?},.>,....},v,.,..;...nx:;.}::::;?':,�:;}.}._.,n..:.?g::...,.q....::.,:�%9:^rotw:,.:9,,.;.:`::.:':i^�:::�:y
$LOC4G;shall �eunburse;t6e°.:Treasurer for the �ctu�l cost of sari rces ry:ender .�:
v.. •n..�\..}:4x:.::'':i?%:,.wig.:i:. '.w:!:::.v. ...,N.. }
.
4' Cflnfroller e 4d,for=Controller of i ,eeunty of San kms �b�spo.stall be
the cbrifioller foz tl�e S.00OG w ow Mw
Tle'�iw:o7%rgl]zT sial].
aj , } Dra�iF yarran's tQ pay de�l�andainst SLO ��
OChen the deman
s agds Katie been
ap roved by.the COG Soar' andfbf the COG £xecLftve Director HelShe s'�aI)
be responsible on. zsiher official bond for lvs/l,ez approtal of drsburseirent o
.,.,.....`^.,... .... .....w......c ..
SL OCOG:Money::;
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• �-la
SLOCOG JOINT POWERS AGREEMENT c:\nvp5l\re,,os\1993-94.jra
b)tt 4 beep end an�r,� in recc�rCs �, d boots of 2ccount on the b�s,s of �enerail;
accepted.accoununQ pract c,
c): �'vlakemailable alTeXl such' ;-t4rctal records o SioCOG to a ce,Lfed, publ c.
,.;
2ctountant or pubic�ccot , tant contracted dHt
,:.
of;ilte acequrits a,id records of SLOCOG The an:nimutn quire�nents of tI e
audit sli�Jl be hose prz�cr beo by`tlie State Controller fe special districts ndet
Szct,on 26509 of the Goer n ent;Code2iid shall ca�ferm to ger,erzll, �cce 'z�
..:._
audit, I'D 'sta3ldni dS
SLOCOG shall'e'mb'' the ALd ioriController for. le cost of;ser�>>ces,renered
_...,m:
�:> <� <``Bo► 'd,RegtrEv�eus
a): The Eaecuttve Director end �uc3 et,er etn lo)ees of:SLOCOG �s rttav
designated by�the COG ,Board,`s�a3] title wtttt SLOCOG an official fiddutbond
determined by the Coureil as secunty for the s fel eeping of SI.000G property eRtrus.....
spch ernplo3ees Premiums for'such bords shall be p2�dy SLQC�G
b. The County Treasurer, and Auditor-Controller shall be bonded or self-insured
through the county in-lieu of bonds (in accordance with Government Code Section 24156) in the
sum of SI000.
VIII. NIEETL\GS
1. Regular meetings of SLOCOG shall be held at least six (6) times a year or at
more frequent intervals as approved by SLOCOG.
2. Special meetings may be called by the President or upon written request of at least
three (3) representatives of SLOCOG. Actual notice of special meetings must be given at ]east
three (3) business days in advance.
3. Meetings shall be open to the public as required by state law.
4. Regular meetings shall be generally held in the first week of August, October.
December; February, April and June, or as specified in the annual meeting calendar adopted in
June. The June meeting shall be designated the "annual meeting."
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SLOCOG JOINT PO\VERS AGREEMENT c:1\vp511resos11993-94.jPa
5. The Executive Director of SLOCOG will direct the publication of notices of all
meetings pursuant to state law.
6. Only official representatives or alternates shall represent a member of SLOCOG
or vote on any motion before SLOCOG.
7. The meeting agenda shall be prepared by the Executive Director to SLOCOG.
Agenda material shall be submitted to the Executive Director at]east?c?u`rer<{is)calendar days
prior to the next regular meeting and distributed to members at least fite1�e (12), calendar days
prior to the next regular meeting to allow member agencies to advise their representatives on
tentative vote subject to independent judgement of delegate based on public testimony. Unless
authorized by four-fifths vote of the representatives at a regular meeting, only agenda items shall
be considered by SLOCOG pursuant to provisions of the Brown Act.
S. SLOCOG, at the discretion of the President, may memorialize any of its actions
by resolution.
9. Robert's Rules of Order or such other rules as SLOCOG may adopt will govern
all proceedings not specifically provided for herein.
10. Executive sessions shall be held in accordance with applicable law.
11. SLOCOG shall hold public hearings for the adoption of Regional Plans.
12. Minutes of all SLOCOG meetings shall be kept by the Executive Director to
SLOCOG and shall be submitted to member agencies.
IX. COATI11TTEES
1. Committees and subcommittees may be established as SLOCOG may deem
appropriate.
2. Membership on "ad-Hoc" policy committees shall be at the discretion of the
President. Nothing herein shall be construed to limit membership on these aforesaid committees
to officials of the member agencies. The President may appoint any individual deemed qualified
to serve on a committee.
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SLOCOG JOINT POWERS AGREEMENT
c:\\;,1)5 I\resos\1993-94.j pa
3• Standing committees shall include tile:
a). Administration Committee, comprised of all managers and administrators of
member jurisdictions;
:>;.,..::. :<,.`i?n eh` .nd;(tl e::2tterneVs
b). Legal Committee, comprised of $LflCOG s era co,: ;.
:..;.
:_.. ::� 'cies•
rised of all agency planning officials appointed
C). the Planning Committee, comp
by their respective agencies;
d). the Public Works Committee, comprised of all agency engineering officials
appointed by their respective agencies;
e). Technical Transportation Advisory Committee (TTAC) and the Citizen's
Transportation Advisory Committee (CTAC) as per the 1 Jemorandum of
Understanding between the California Department of Transportation and
SLOCOG;
fl. Transit Productivity Committee as required by Section 99224 and Section
99238 of the Public Utilities Code; and
¢) Solidj'�'asie'Tasl: Farce ($1'�'T ), d the $o td Waste Te Advl�or
y
Comrtttttee(S`C'I AO) as per die DTe•nor2tidum of Agrne*tt sated October.
3:990, bet�$en �1te cou�lty of San Luis t]btspo, end Lha incorporated cues ,^i t`'
t0U73t�h�`untll suc13 urrtz tl�at duues.are iiansferred to a'soltd.:��aste autnen y
dent
;✓xecuti�e Can...... r col pry:eo.ef
fast President acid at least ane reprep...... Ve from ,h conn `of San buts Obis .q
(if ttot�e?of the�bo�e) said comrrttttees fo advise SLOCOG on licv ssues� d
pverall urdrk%Prb�ran controversial;;sen�itt�e and rnalor po .
cri.teiia; or comDetiu,e fund;ng aliocaf3ons. Items for�Sv�e�V sI�211"be selected:kid
the�Pr�,ident v.ith consti tat.on by the Ex`ectit_���Director
4, NO committee shall
de mmitided by SLOCOG
SLOCOG.any matter or questions of policy. Such
matters or questions can only
be D-1-12
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SLOCOG JOINT POWERS AGREEMENT
c:\wP51\resos\1993-94.jpa
5. All committees shall receive clerical assistance from SLOCOG staff for the
f meetings and other such duties as the Executive Director may
purpose of maintaining minutes o
sign tl�e original copy of the minutes indicating
direct. The chairman of each committee shall
his verification of contents. Copies of minutes of all meetings shall be sent to members of
SLOCOG and the Executive Director.
X. FINANCE
1. SLOCOG shall have no power to expend funds on any project for which funds have
not been budgeted, nor on any item in excess of the budgeted amount.
2. The Treasurer of the County of San Luis Obispo is designated the depositary, and
shall have custody of ail money of SLOCOG from whatever source received. The Auditor/
Controller of the County of San Luis Obispo slial�b� auditor of SLOCOG ii ,2ctArearce
ect:e ' II':'`Q h z: :rze3neng.
;CITIZE T,. 4�EAgEL��T
. .......,w,<.w:; .. ::,:::: ::�;::; �a or; �'er .:..
SLCCOG<siiali carry,oL process for citizen ;ns�olvsinent i n .. ,.
"�ocess s11a11 iclu�e a Cmzen's Tr- uportatioti Ad'. Cortin�ittee;or ads 3smg SLOCOG a
p
all tzabsporiat on>>ssues 1egai notices, and or press relfases foi all adoption of a1I plans and for
the aliocai�on of atld prtonitzaiton of fundtnQ, zs3d wzvidespeadNGistribvt;on of an zgenc
w
ile �s3eit:z ;:#
XII. MTHDRANVAL AND DISSOLUTION
1. The parties to this Agreement pledge full cooperation and agree to assign
representatives to serve as official members of SLOCOG or any committee or subcommittee
thereof who shall act for and on behalf of their city or county in any or all matters which shall
come before SLOCOG, subject to any necessary approval of their acts by tile, governing bodies
of CITIES and COUNTY.
2. Any party to this Agreement may withdraw from SLOCOG and terminate its
participation in this agreement by resolution of its governing body. The withdrawal of the
member shall have no effect on the continuance of this Agreement among the remaining
members and the Agreement shall remain in full force and effect as respects the remaining
members.
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SLOCOG JOINT POWERS AGREE-MtENT c:\%%,p51\resos\1993-94.jpa
3. A member withdrawing shall not be liable for the payment of further contributions
falling due beyond the date of withdrawal and shall have no right to reimbursement of any
monies previously paid to SLOCOG, provided, however, that SLOCOG may authorize a
reimbursement if in its judgment such reimbursement is fair and equitable and can be done
without jeopardy to the operation of SLOCOG. If any party hereto fails to pay its contribution,
as determined by SLOCOG, said entity shall be deemed to have voluntarily withdrawn front
SLOCOG.
-f. SLOCOG may be dissolved at any time and this Agreement rescinded by a joint
agreement executed by COUNTY and CITIES which are parties hereto. Said rescission
Agreement shall provide for the orderly payment of all outstanding debts and obligations and for
the return of any surplus funds of SLOCOG in proportion to. the contributions made.
XIII. EFFECTIVITY
This Agreement shall tike effect upon its execution by the chairman or mayor and clerk
of the governing bodies of the County of San Luis Obispo and at least four (4) cities, pursuant
to resolutions of such governing bodies authorizing such execution and shall remain in full force
and effect until dissolved pursuant to the provisions herein. This Agreement may be executed
in eight (8) counterparts which together shall constitute a single agreement.
LSI WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first hereinabove written.
CITY OF ARROYO GRANDE
By: Date:
Mayor
Resolution No._
Clerk
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SLOCOG JOINT POWERS AGREEMENT c:\wp51\resos\1993-94.jpa
CITY OF ATASCADERO
By: Date:
Mayor
Resolution NO.
Clerk
CITY OF GROVER BEACH
By: Date:
Mayor
Resolution No. _
Clerk
CITY OF %,IORRO BAY
By: Date:
Mayor
Resolution No.
Clerk
CITY OF PASO ROBLES
By: Date: —
D4ayor
Resolution No.
Clerk
CITY OF PISMO BEACH
By: Date
Mayor
Resolution No.
Clerk
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. G '
SLOCOG JOINT POWERS AGREEMENT c:\wp51\resos\1993-94.jpa
CITY OF SAN LUIS OBISPO
By: Date:
Mayor
Resolution No.
Clerk
COUNTY OF SAN LUIS OBISPO
By: Date:
Chairman
Resolution No.
Clerk
APPROVED AS TO FORM AXD LEGAL EFFECT:
JAMES B. LINTDHOLMT JR.
County Counsel
By:
De uty Coun y Co gel
Dated:
CAWP51\RES0S\1993-94.JPA
D-1-16